A woman who brandished a knife at police tried to take back her guilty plea, claiming she previously had a “migraine headache” and couldn’t concentrate on what her lawyer had said.
Melanie Knowles previously pled guilty, after consulting a solicitor, to a charge of behaving in a threatening or abusive manner.
The offence, which happened on May 31 at her address at Regent Court, involved her shouting, swearing, acting in an aggressive manner, brandishing a knife and threatening violence toward police.
She also made homophobic remarks to one officer.
But when Knowles, 50, appeared in the dock at Aberdeen Sheriff Court to be sentenced, her new solicitor Peter Keene made a motion to withdraw her guilty plea.
Mr Keene told the court his client had had a “migraine headache” when consulting with her previous lawyer who spoke “very loudly”.
He added: “This caused her stress and she did not really follow the advice because she was preoccupied with the volume of it, not the content.
“When she invited the lady to soften her tone there was a falling out, and the plea tendered was left as is and not withdrawn.
‘A source of regret’
“It’s a source of regret that that didn’t happen and this has been kicked down the road since then.”
Summing up the situation, Sheriff Andrew Miller said: “Ms Knowles was represented by a solicitor at the first calling on June 1 when a guilty plea was tendered.
“The case was adjourned until July 13 for reports. She appeared on that day with the same solicitor and there was no report available, and the case was further continued until August 9.
“It was only at that stage that the solicitor withdrew from acting.
“The report was available by then and an issue had clearly arisen in the plea of mitigation.”
Mr Keene said Knowles had for many years been represented by solicitor Peter Shepherd, who has since retired.
He went on: “Ms Knowles found it hard to strike up a solicitor-client relationship with anyone else. She’s having to pay for that now, I suppose.
“At the end of the day, she’s telling me she wishes to plead not guilty.
‘Very restricted circumstances’
“There’s some suggestion that there’s a plea of convenience at an earlier stage.
“I can say no more than that, m’lord.”
Fiscal depute Rebecca Thompson told the court: “At the hearing on August 9, it was indicated she disputed the facts but wished to continue pleading guilty at that stage”.
Sheriff Miller said it would be a “significant step” for the court to allow a guilty plea, that had been tendered following legal advice, to be withdrawn.
He said: “The law requires that, in these circumstances, the plea can only properly be allowed to be withdrawn in very restricted circumstances, when it’s tendered without the accused’s authority or some real or significant error or misunderstanding.
“It seems to me I have not been provided with any such basis for allowing Ms Knowles’ plea to be withdrawn in this case.
“I have no reason at all to doubt that the solicitor who appeared with Ms Knowles at both of the first two hearings would have discussed the terms of the charge and her position with her prior to the plea of guilty being tendered in her presence.
“In these circumstances, I don’t feel able to grant the motion for the plea of guilty to be withdrawn in this case.”
Sentencing of Knowles, of Regent Court in Aberdeen, was deferred until next month to allow Mr Keene time to discuss the case with her and prepare a plea in mitigation.
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